Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
LONG SERVICE LEAVE (STATE
EMPLOYEES) AMENDMENT BILL 2003
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 3A inserted
3A. Amendment to Schedule 1
6. Section 9 amended (Employees previously employed by
Commonwealth, &c.)
7. Section 10 amended (Continuous employment)
8. Section 11 amended (Length of employment)
9. Section 14 repealed
10. Section 15 substituted
15. Maximum amount of long service leave
11. Section 21 amended (Disputes)
12. Schedule 1 substituted
Schedule 1 Prescribed Authorities
[Bill 5]-IV
2
LONG SERVICE LEAVE (STATE
EMPLOYEES) AMENDMENT BILL 2003
(Brought in by the Minister for Infrastructure, the
Honourable James Glennister Cox)
A BILL FOR
An Act to amend the Long Service Leave (State
Employees) Act 1994
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Long Service Leave (State
Employees) Amendment Act 2003.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
Principal Act
3. In this Act, the Long Service Leave (State Employees)
Act 1994* is referred to as the Principal Act.
*No. 13 of 1994
[Bill 5] 3
s. 4 No. Long Service Leave (State Employees) 2003
Amendment
Section 3 amended (Interpretation)
4. Section 3 of the Principal Act is amended by omitting
"person who is employed in any capacity by the State,"
from the definition of "employee" and substituting "State
Service officer, State Service employee or any other person
who is employed in any capacity by".
Section 3A inserted
5. After section 3 of the Principal Act, the following
section is inserted in Part 1:
Amendment to Schedule 1
3A. (1) The Governor may amend Schedule 1
(a) by omitting the name of any employee,
class of employees or prescribed
authority; or
(b) by inserting the name of any employee,
class of employees or prescribed
authority; or
(c) where the name of any employee, class
of employees or prescribed authority is
changed, by omitting the name of that
employee, class of employees or
prescribed authority and substituting
the new name.
(2) The Governor may, by order, omit
Schedule 1 and substitute a Schedule containing in
Column 1 the names of any employee or class of
employees and containing in Column 2 the titles or
other description of any prescribed authority.
4
2003 Long Service Leave (State Employees) No. s. 6
Amendment
Section 9 amended (Employees previously employed
by Commonwealth, &c.)
6. Section 9(1) of the Principal Act is amended by
inserting "and if the employee has not received any
payment in respect of that long service leave" after "ceased
to be so employed".
Section 10 amended (Continuous employment)
7. Section 10 of the Principal Act is amended as follows:
(a) by omitting from subsection (2) "in the
employment of the State" and substituting "as
an employee";
(b) by omitting subsection (4) and substituting the
following subsection:
(4) The continuous employment of an
employee ceases on the day on which the
employee is dismissed, resigns or retires.
(c) by inserting the following subsection after
subsection (5):
(6) Subsection (4) as substituted by the
Long Service Leave (State Employees)
Amendment Act 2003 is taken to have had
effect on 1 May 2001.
Section 11 amended (Length of employment)
8. Section 11 of the Principal Act is amended as follows:
(a) by omitting paragraph (a) from subsection (3);
5
s. 9 No. Long Service Leave (State Employees) 2003
Amendment
(b) by inserting the following subsection after
subsection (4):
(5) The amendment of subsection (3)
made by the Long Service Leave (State
Employees) Amendment Act 2003 is taken to
have had effect on 1 May 2001.
Section 14 repealed
9. Section 14 of the Principal Act is repealed.
Section 15 substituted
10. Section 15 of the Principal Act is repealed and the
following section is substituted:
Maximum amount of long service leave
15. An employee is not entitled to be credited with a
period of long service leave in excess of 100 days
unless the Minister has given permission as
provided by section 16.
Section 21 amended (Disputes)
11. Section 21 of the Principal Act is amended as follows:
(a) by omitting paragraph (e) from subsection (1);
(b) by omitting paragraphs (c), (d) and (e) from
subsection (4).
6
2003 Long Service Leave (State Employees) No. s. 12
Amendment
Schedule 1 substituted
12. Schedule 1 to the Principal Act is repealed and the
following Schedule is substituted:
SCHEDULE 1 PRESCRIBED AUTHORITIES
Sections 3 and 3A
COLUMN 1 COLUMN 2
Employee or class of Prescribed authority
employees
Employees employed in the The President of the
Legislative Council Legislative Council
Employees employed in the The Speaker of the House of
House of Assembly Assembly
Employees employed on the The President of the
recommendation of the Legislative Council and
President of the Legislative the Speaker of the House
Council and the Speaker of of Assembly acting jointly
the House of Assembly
Employees employed at The Official Secretary and
Government House Head of the Governor's
Establishment
Employees employed by the The Stanley Cool Stores
Stanley Cool Stores Board Board
Employees employed under The Commissioner of Police
the Police Regulation Act
1898
Government Printer, Tasmania 7